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HomeMy WebLinkAbout38000990640000_Conditional Use Permits_04-11-2007H-D-;iool OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA 1 hereby certify tha^Q jLJSOlV this instrument #------------------------ filed/recorded in this office ord on the.^:l3—day of^\ ri.p) 2007 atHJJmtom ^ b- (Odif recording^/ee weil cermicate 1018017 was for rec by: THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER APPLiCATiON FOR CONDiTiONAL USE PERMiT COUNTY OF OTTER TAIL GOVERNMENT SERVICES CENTER 540 WEST FIR, FERGUS FALLS, MN 56537 (218) 998-8095 Otter Tail County’s Website: www.co.ottertail.mn.us Application Fee ~4l _____ /4|i2<rCOMPLETE THIS APPLICATION IN BLACK INK Receipt Number Accepted By / Date PROPERTY OWNER(S) MAILING ADDRESS L TOWNSHIP DAYTIME PH0NE ,2/F~~ PyJUe vt2X~ RANGE LAKE NUMBER LAKE NAME LAKE CLASS [d^\OP . E-911 ‘7^ ADDRESS r-^r> 4 IZJ^SECTION TOWNSHIP NAME 5/vPARCEL NUMBER IP.^nhcoltao / )5- 3^ tou ■ /U Ci£. SE M 8T ^LEGAL DESCRIPTION * CONDITIONAL USE PROJECT REQUESTED (Please circle the appropriate request) Topographical Alteration__ Commercial Use \3 Cluster Development__ Extractive Use Industrial Use Forest Land Conversion Miscellaneous SPECIFY YOUR REQUEST. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. I UNDERSTAND THAT APPROVAL OF THIS REQUEST APPLIES ONLY TO THE USE OF THE LAND. I ALSO UNDERSTAND THAT OTflER PERMIT^ MAY BE REQUIRED, IT IS MY RESPONSIBILITY TO CONTACT LAND & RESOUR^ HjlANAt^lVJ^T REGARDING THIS MATTER. SIGNATURE OF PROl^EErfY OWNER (S)‘ DATE APPLICANT MUST BE PRESENT AT THE HEARING (Applicant Will Receive Notification As To The Date/Time Of Hearing) t Qpkd) //, da n'tDate Of Planning Commission Hearing Time Planning Commission Motion April 11. 2007: Motion: A motion by Wilson, second by Trites to approve as presented, provided: 1. There is not any outside storage of boats, motors and related equipment. 2. All work be done inside the shop. 3. The testing of equipment must occur between 8:00 A.M. and 8:00 P.M.. uK ^______________JZ^oufity Planning Commissioni Chairman/Otter Tail April 17, 2007, County Board Action: County Board Action Motion by Froemming, second by Block to deny the Conditional Use Permit request of Terry L. Jensen Sr, to operate a marine repair business for the following reasons: 1) Marine repair business is incompatible with the surrounding area and not appropriate to have a mechanics garage that has potential to spill oil, gas, grease, antifreeze and hazardous materials. 2) This business has the potential for noise pollution because of the power tools and testing of motors that would be necessary. 3) There is not sufficient room for storage for boats and trailers that are part of this kind of a business and could result in congestion. 4) The County Board is charged with maintaining clear water around the lake^ Motion carried 3-1, ____oH-m-on_________ Date of Final Action Approved As Recommended Denied As Recommended \/^ Ofber rv^rhor^ Chairmah/OtterTail County Board of Commissioners ^ L & R Official/Date *CONDITIONAL USE PERMIT # Permit(s) required from Land & Resource Management Yes (Contact Land & Resource Management) Copy of Application Mailed to Applicant, Co. Assessor and MN DNR bk 0204-006 -0 L & R Official/Date 317,339 ■ Victor Lundeen Co., Printers • Fergus Falls, Minnesota OTC Board of Commissioners' Minutes April 17, 2007 Page 8 Preliminary Plat & Conditional Use Permit - “Oakwood Shores” (changed to “Oakwood Shores on SilverLakei/Parrell & Helen Trumbaurer, James & Joellen Frederick and Secluded Land Co.: Motion by Mosher, second by Erickson, and unanimously carried to approve a Preliminary Plat entitled “Oakwood Shores On Silver Lake” (Developer - Secluded Land Co.) as presented in a revised plan dated March 15, 2007 and to approve a Conditional Use Permit to service the plat. The property is described as GL 1 ex NLY 1320’ & pt GL 2 & 3 lying N & W of cent. C.A.R.#4 (47.45 AC) and El/2 NW1/4 & NLY 1320’ of GL 1 (120 AC), Section 17, Everts Township; Silver Lake (56-302), RD. Conditional Use Permit - Terry L. Jensen Sr: Land & Resource Director, Bill Kalar, stated that this CUP is for operating a marine repair business and the Planning Commission approved the request with three conditions. Attorney, John Hatling, representing Gordon and Marjean Hanson, referred to a letter of objection dated April 13, 2007, and urged the Board of Commissioners to deny the application for the reasons stated in the letter. Property owner, Carol Swiontek, objected to signage and setting a precedence of allowing this type of business in a typically residential, shoreland area. Terry Reard, property owner across the lake, urged objection to the CUP because of precedence of a marine business on the lake. Applicant, Terry Jensen, stated that there will not be signage. He presented pictures of the property and stated that he has been doing some housecleaning. Mr. Jensen stated he would be doing this work on a one- on-one basis and by appointment. He stated that 22 out of 24 dwellings on his road are in favor of the business and that there are 85 positive signatures of people in favor. Motion by Froemming, second by Block to deny the Conditional Use Permit request of Terry L. Jensen Sr. to operate a marine repair business for the following reasons: 1) Marine repair business is incompatible with the surrounding area and not appropriate to have a mechanics garage that has potential to spill oil, gas, grease, antifreeze and hazardous materials. 2) This business has the potential for noise pollution because of the power tools and testing of motors that would be necessary. 3) There is not sufficient room for storage for boats and trailers that are part of this kind of a business and could result in congestion. 4) The County Board is charged with maintaining clear water around the lakes. The property is described as Pt GL 5 bg 1012’ S of NW cor, (.36 AC), Section 11 of Maine Township; Pickerel Lake (56-475), RD. Chairman Mosher called for a roll call vote: Nay AbsentCommissionerAye Erickson Froemming Block Mosher Nelson X X X X X Motion carried 3 - 1. Conditional Use Permit - Gary & Monica Kaiser: Motion by Erickson, second by Froemming, and unanimously carried to approve a Conditional Use Permit to operate a Real Estate Office with conditions as recommended by the Planning Commission. The property is described as Pt NW1/4 SW1/4 & pt NE1/4 SW1/4, Pt GL 4 & 5, (5.02 AC), Section 20 of Dunn Township; Lake Lizzie (56-760), RD. April 16, 2007 To the Otter Tail Board of County Commissioners Re: Terry L. Jensen Sr. Conditional Use Permit Application 1. We are not objecting to Terry Jensen doing repair work, but to the location of this type of business in a residential area. We have no commercial business on Pickerel Lake as of this date and if this permit is granted, it would be setting a precedent for future applications. There are buildings available within a very few miles which could house this type of business. 2. We have owned our property since 1975 and are the next door neighbor to the east of Mr. Jensen. He has been doing this repair work for a number of years without a permit. We have talked to several realtors and it is their opinion that approval of this permit would have a negative effect on the value of our property. 3 We enjoy entertaining family and friends at our retirement home but often times find it intolerable to listen to the noise of motors being tested while sitting on our deck. 4 Shoreline is valued at $2000.00/foot on Pickerel Lake and are you going to allow a marine repair business within 1000 feet of the lake which is against the rules of the Land and Resource Department. Our property represents a huge lifetime investment which should not be jeopardized by a marine repair business next door. 5 There are several motor repair businesses within a reasonable driving distance, contrary to Mr. Jensen’s statement to the planning commission. He stated he was the only one who could work on older boats and motors. 6 Why should the convenience of a few people needing boat and or motor repair be given a priority over the negative impact it would have on the neighborhood. 7 If for some reason you feel this permit should be granted, I would suggest the following restrictions No boats stored outside No signs for advertising (supposed to be a pickup-drop off operation according to his request). See copy of application attached. Restricted hours of operation No Sundays or holidays Area must be kept clear of trash Permit to be revoked if all restrictions are not complied with This is a secondary business for Mr. Jensen as he does operate another business from his home. Gordon L. and Marjean Hanson L(T y Jiu I I \ Os, c HAILING LAW OFFICE 1005 Pebble Lake Road • PO Box 205 • Fergus Falls, MN 56537 Voice: (218) 736-2076 Fax: (218)736-3411 E Mail: halka@chartir.nct John A. Hatling (ext. ll) hatl<T\\‘(a:ch£irtemet Christopher J. Anderson (ext 15)Staff Barbara E. Nordstrom {txx. 13) Christie C. Fleischauer (ext. 10) ciander(^!.charter. net i (2.April 13, 2007 (pU: r o.)Dennis Mosher, Chair Otter Tail County Board of Commissioners 121 W. Junius Avenue Fergus Falls, Minnesota 56537 RE: Terry Jensen Request for Conditional Use Permit Dear Mr. Mosher: I represent the interests of Gordon and Marjean Hanson, who are opposed to the application of Terry Jensen for a conditional use permit. The Planning Commission approved his request, with conditions, at their meeting on April 11, 2007; I will be appearing on their behalf at the county board meeting on Tuesday, April 17, 2007, to address their concerns to the board. We presented a number of photographs of the Jensen site to the Planning Commission; it is my hope that the board will have an opportunity to view these at the time of the meeting on Tuesday, or previously thereto. The Hansons, who are owners of a residence adjoining the applicant's property, are opposed to the application for a number of reasons: o First, it is significant to note that Mr. Jensen has violated the law by operating this business out of his home for a number of years. During that time, numerous complaints have been filed. Despite the complaints, Mr. Jensen continued to disregard the law and operate his business. He is now seeking permission to do what he has illegally done in the past. Granting a conditional use permit to Mr. Mr. Dennis Mosher Page 2 April 13,2007 Jensen at this time not only ratifies his past behavior, but sets an unwanted precedent for future would-be violators. • The requested use is incompatible with the surrounding area. Mr. Jensen seeks to operate his marine repair business from his home, which is located in a residential area on Pickerel Lake. The board can get a sense of the surrounding area by examining the photographs we have submitted. Operating a marine repair business is inconsistent with the area and its current uses. ® Lake front property is not an appropriate location for a mechanic's garage. Even the most careful mechanic spills oil, gas, grease, antifreeze, and other hazardous materials while working on motors. Once spilled, such substances are nearly impossible to clean up completely. Consequently, there is a significant likelihood that those hazardous m.aterials will enter the lalce through runoff and groundv/ater. Because Mr. Jensen has acted illegally in the past by operating his business in violation of the law, there is also a realistic concern that he may act illegally in the future while disposing of, or cleaning up, these hazardous materials. • Not only is there a risk of ecological damage due to chemical spills, the neighbors have been experiencing the incurable effects of noise pollution caused by the use of power tools and the testing of motors, for years. • The requested use will cause and has caused inappropriate congestion on and along the roadway adjoining the property. Photographs submitted by the Hansons again underscore the problem that has occurred in the past. At any given time, there can be any number of boats, motors, or trailers parked outside the Jensen home as they await attention from Mr. Jensen. This is unsightly for the neighbors and can pose a danger to users of the roadway. Note the photograph of the pickup truck that extends from the Jensen driveway and into the roadway. This is not and would not be an uncommon sight or occurrence if the petition were granted. Mr. Jensen simply does not have the space to accommodate this type of business, and the neighbors should not be forced to live with the resulting eyesore. • The Hansons are of course concerned about the effects this use would have on their property value and property values in the surroimding area. There is an unsightliness that is attendant with the requested use. Note the congestion again caused by boats, motors, trailers, and marine equipment in the area, as well as the noise pollution. • In support of Mr. Jensen's application, he submitted a lengthy petition signed by a number of his customers. However, many of the people supporting Mr. Jensen do not live in the immediate area. Consequently, their support should not be given much weight by the board, as all of them have a vested interest in the continued Mr. Dennis Mosher Page 3 April 13,2007 existence of their mechanic, but will not be impacted by the negative externalities inherent in the operation of this business. Thank you for considering these points of objection; we strongly urge the application (and the Planning Commission's approval thereof) be denied. I have also enclosed a letter from Gordon and Marjean Hanson. Sincerely, John A. Hatling Attorney at Law end. ;' ■••'/ V'^-' ■'■ • '\ ", ■ ’ -it-rel mT n^Mmm (•I'i> I t-d.tIP* m; S»*»i i ■ V.'' .ISV-----sv\y ^hM :tr^IK'—y/y-" ^r»“i •!g?''-S;|psS - ■ '’*"skL:Z^ -i "j. JH H . V’ ..« ♦vk. Vt^t-" ' '■ I'V .v-‘ « _ ■ -7 ‘r ^ ■■' <•, i .ii J’ - //■- <3 7 0 7S1 fS/c. -i V- --%J m?'-#--. ■'k / ;v-- *^- •,'s ■ ■ ■ ■ •.- .V V■4 \Ui ,v. Ir -i ll-j % 3 V ■3> 'uj miuii -1 f- Ll^ hfc--' i:-J si^/rilvA. 'M 1/1 [^1 i:-*,.i-:** i T ;is!^n i». r*n'S V F^" ■ — ■ ■ --.t • ■'•■^ si*fc 7-^.,;—■,k*^''.4*‘'’''^-‘'<»A'' V'»^ wmm - ;:v ^;’:^■•*. . i April 7, 2007Land & Resource Management County of Ottertail 540 W. Fir St. Fergus Falls, MN 56537 RECEIVED APR 16 2007 LAND & RESOURCEReference: CUP Application for Mr. Terry Jensen Otter Tail County Planning Commission Dear Commission Members: I would like to offer my strongest support for Mr. Terry Jensen's request for a Conditional Use Permit to start a commercial marine repair business at Pickerel Lake, MN. My family has maintained a home on Pickerel Lake since the mid- 1950s and I have known Terry for more than 30 years. My wife and daughter, as well as my parents can attest that Terry has been a first class citizen in our "Pickerel Lake community" for as long as we’ve known him. Terry's outstanding skills and wisdom are remarkable. He is most generous with his time and always helps his neighbors when he can (and at no charge). It would be a serious injustice to turn down Terry's request to start a commercial marine repair business that will greatly benefit a huge number of folks in the Pickerel Lake and Otter Tail County region. Please let me know if I can provide any additional information about this matter. Sincerely, Paul T. Kelly y Professor of Molecular Biosciences The University of Kansas ptkelly@ku.edu <mailto:ptkellv@ku.edu> 4704 Turnberry Drive Lawrence, KS 66047 otter Tail County, Planning Commission April 11,2007, Page 3 Middle Leaf Pleasure Grounds CIC #43 / Red Barn Investments - Denied : A Conditional Use Permit Application (as stated by the Applicant): Requesting following improvements to Middle Leaf Pleasure Grounds Resort: 1) Cabin #3&4-8X22 deck. 2) Cabin #5 - 8 x 24 deck. 3) Cabin #6 - 10 x 24 deck. 4) Res #8 - 28’ x 30’ attached garage. Proposed attached garage to be completed in 2007. Proposed decks to cabins 3, 4, 5 & 6 to be completed by end of 2010. Variances have been requested for all proposals. The property is described as Trs in GL 3, 4 & 5 being pt of Middle Leaf Resort including abandoned Rd (.72 AC) and Lots 6, 7, 8 & 9 BIk 5 Leaf Lakes Pleasure Grounds, Section 22 of Leaf Lake Township: East Leaf Lake (56-116), RD. Nobody was present to represent the Application. Bob Russell (Attorney) was there to represent owners of the westerly adjacent lot, (Lot 5), Ralph & Janice Keicker. Mr. Russell expressed concerns regarding RV sites and an existing highway right-of-way. He indicated that his clients object to the request regarding the right-of-way (private road way) and questioned the authority for RV sites. Motion: A motion by Arno, second by Maske to deny, due to lack of representation. Voting: All Members in favor. Break: At 7:45 P.M., the Commission took a 10 minute break. Terry L. Jensen Sr. - Approved With Conditions: A Conditional Use Permit Application (as stated by the Applicant): To run a Commercial Marine Repair Business by scheduled appointment, parking available; in my existing 1600 sq. ft. building built in 1987. I am not requesting any type of land or building modifications, they are to be utilized as they are. This would be a Marine repair business, working on boats on a one on one basis, pickup and repair, then deliver back to customer when completed. This would not be a walk in type retail business or dealership, it would be a call and make an appointment type business and strictly a repair facility. I am not interested in having a lot full of boats, that’s why I am recommending doing it on a one on one basis. I have been doing this type of work as a hobby and on a full and part time basis for 40 years and I continue to get more and more requests for maintenance and restoration type work. I feel that as I get older, I could concentrate more of my time on this kind of work as people request it. The property is described as Pt GL 5 bg 1012’ S of NW cor, (.36 AC), Section 11 of Maine Township; Pickerel Lake (56-475), RD. Terry L. Jensen Sr. represented the Application. John Hatling expressed concerns that this business has been operated for a number of years with complaints, he indicated that it is incompatible, and expressed additional concerns regarding noise, congestion, unsightliness (heath risk), the impact on the environment (lake) & the devaluation of properties. Cindy Egge, indicated that he has a good reputation and that he gets business from as far away as the Minneapolis area. Diane Reard stated that people who support this proposal would have a different opinion if they lived next to the business. Motion: A motion by Wilson, second by Trites to approve as presented, provided: 1. There is not any outside storage of boats, motors and related equipment. 2. All work be done inside the shop. 3. The testing of equipment must occur between 8:00 A.M. and 8:00 P.M.. Voting: All Members in favor, except Boyer & Maske voting no and Arno abstaining. >c,« f 12/18/06 To who it may concern: This is a letter of approvel supporting a commercial Marine Repair business operated by Terry L. Jensen Sr. on his present sight on 32002 32tf’*. SL Underwood, Mn. 56586, the N. W. end of Pickerel Lake in Maine township, Ottertail county Mn. In an existing site and building that I have owned since the mid 1980*s. This would be a seasonal repair business, working on boats on a one by one basis, pickup and repair, then deliver back to customer when completed. This would not be a walk in type retail business or dealership, strictly a repair facility. I am not interested in having a lot full of boats, thaPs why I am recommending doing it on a one on one basis. I have been doing this type of work as a hobby and on a part time basis for 40 years, and I continue to get more requests for maintenance and restoration type work. I feel that as I get older, I could concentrate more of my time on this kind of work as people request it Your support is appreciated. Sincerely: Terry L. Jensen Sr TeL 218-495-2150 Page 1 of2 4 Terry Jensen "Deber Construction" <ddelzer@prtel.com> 'Terry Jenson" <jamsteel@prtel.com> Tuesday, April 10, 2007 8:19 AM From: To: Sent: Subject: Fw: Planning Comm. Meeting — Original Message — From: Sandy Delzer To: Delzer Construction Sent: Monday, April 09, 2007 11:01 PM Subject: Re: Planning Comm. Meeting Mr. Bert Olson, Chairman of the Planning Commission: I would not be opposed to Terry Jensen operating a marine repair business at his home on Pickerel Lake. As he stated in his letter, he would pick up the boats for repair and return them when he is finished and not store them at his facility. This would not have any negative effect on the lake or the surrounding area. Yours truly, Dennis Delzer 33581 Pickerel View Drive Ed Thompson 32609 Birchwood Shore Drive Underwood, MN 56586 Ph 218 495 2250 e-mail edthomp'3'nrtel.com March 19,2007 To Whom It May Concern: This written to inform you that I support Terry L Jensen Sr.’s request for permission to operate a commercial Marine Repair business on his site at 32002 320“* St Underwood Mn situated on the northwest shore of Pickerel Lake. It is my understanding that this is to be done on a one by one basis, pickup and repair, and would not be a walk in type of retail business. Further there would not be a lot full of boats on his property. He has over forty years of experience in this line of business and from personal experience, on two separate occasions last year did repair work on my boat. He is competent and does excellent quality work. This type of service is badly needed in our area. Sincerely, s(mEd Thomp DECEIVED APR 1 1 2007 land & RESOURCEApril 11,2007 Otter Tail County Planning Commission Government Services Center 540 West Fir Fergus Falls, MN 56537 Dear Commission members: Re: Mr. Terry Jensen’s Application for Conditional Use Permit on Pickerel Lake Our family has been associated with Pickerel Lake for sixty years and we have been permanent residents for the last twenty. We would like to express our concerns regarding this application. Regardless of the type or scope of a commercial business, the mere presence of that business reduces the value of the surrounding properties. With the recent increase of over thirty-three percent in the value of our lakeshore. Pickerel Lake has one of the highest assessed property values in Ottertail County. We trust that Ottertail County who imposes taxes based on these values will work with the residents of Pickerel Lake to keep our lakeshore residential, benefiting both the County and the Pickerel Lake homeowners. In addition, the quiet serenity of our residential neighborhood would be undermined by this or any other business. While our property is not immediately adjacent, we feel that if this permit is granted a precedent will be set and the next business could be near us. We ask that you please deny this application. Thank you for your consideration. Sincerely, Terry & Diane Reard Pickerel Lake 32543 Birchwood Shore Dr. Underwood, MN 56586 RECEIVED APR 1 1 2007 LAND & RESOURCE April 10, 2007 Steven Ahlschlager 32292 Birchwood Shore Dr N Underwood, MN 56586 218-495-2337 Ottertail County Planning Commission Government Services Center West Fir Fergus Falls, MN 56537 Attn: Chairman Bert Olsen and Members of the Planning Commission I am writing today in support of the "Conditional Use Permit Request" submitted by Terry Jensen, 32002 320*’ St., Underwood, MN 56586. I think the commission should approve the request, because it is a reasonable request and the approval will allow the quality of life on Pickeral lake to be maintained. I feel the request is reasonable because a commercial designation to what Terry does in the existing building on his land will allow that activity to continue unhindered by the harassment of those few individuals who have issues with it. If you went around pickerel lake and asked folks about the activities that take place on their land and in their homes, I am very certain you would find income generating activities. Those activities may include: hair styling, accounting, tax preparation, engineering design, wholesale pottery production, piano lessons, voice lessons, pump repair, furniture refmishing, vehicle drop off for repair, parking of boats and trailers,etc. Many of these activities are income generating. The "reasonableness comes into the fact that 1 am describing a community, a group of individuals who provide services within an area for the support and the maintenance of the common good of those in the area. Now any area has those who live in the area, but whom don't provide assistance or services to those around them. They are also necessary. However, they can become the pervaders of what they want and what's good for them. This is an individual based perspective that is hard for those of us that have a community perspective. The activity of boat repair by nature can't take place in a home office, it requires a building. I think that the way Terry has conducted his services has been respectful of those around him and is integral to the makeup of a lake based community. The quality of life on pickerel lake as long been influenced by those that live on the lake. As the population around the lake as increased the quality of life has been impacted. While some see only the negative impact there are plenty of positives. The positive 1 see many times over is a sense of interdependency and awareness of the impact of our actions on others. Every time I am in my boat moving through the water I create waves. Those waves come to my shore as well as the shore of others. I have affected something that is associated with another person. Terry through his love of boats and mechanical ability to repair them has affected many others around him. Who do you think we have people call when they have a boat problem? Does Terry do the work, sometimes.... sometimes not. He is the source of infonnation as to what they should do, where they should go or who else might help them. He might come over to the dock jump in the water and adjust the torque plate on your outboard. He might replace a hose on you fuel line. He might point out some maintenance that should be considered. The point to this is that the "quality of life " on pickerel lake as been affected in a positive way many times by having the special abilities of those around us, such as Terry Jensen. If in return we can approve his request for a commercial business that will allow him continued supplement to his income in the coming years lets do it. I think the lake will be better for it and I hope you agree. Thank-you for your time and considerations. Respectfully, Steven Ahlschlager HATLING LAW OFFICE 1005 Pebble Lake Road • PO Box 205 • Fergus Falls, MN 56537 Voice: (218) 736-2076 Fax: (218)736-3411 E Mail: halla»@,charter.mt John A. Hatling (ext. II) hallawunchiirter. net Christopher J. Anderson (ext. 15)StaJ Barbara E. Nordstrom (ext. 13) Christie C. Fleischauer (ext. 10) cicmder'a'.charter. net RECEIVED APR 40 2007 LAND & RESOURCE April 10, 2007 Bill Kalar Department of Land & Resource Management 121 W. Junius Avenue Fergus Falls, Minnesota 56537 RE; Terry Jensen Request for Conditional Use Permit Dear Mr. Kalar: I represent the interest of Gordon & Marjean Hanson, who are opposed to the application of Terry Jensen for a conditional use permit. I will be appearing on their behalf at the Planning Commission hearing on Wednesday night. I have enclosed a number of photographs of the Jensen site, as well as a letter in opposition from Greg Lundeen, who is another property owner. Sincerely, John A. Hatling end. Lundeen 31780 Denwood Dr, Underwood, MN 56586 (218) 495-2808 received APR i 02007 land & RESOURCEApril 4, 2007 Cv\C', > uK 4-1-07 -V Planning Commission Otter Tail County 540 W. Fir Fergus Falls, MN 56537 To the Members of the Commission; Re: the application for Conditional Use Permit by Terry L. Jensen Sr. In my opinion, Mr. Jensen should not be allowed the Conditional Use Permit for the marine repair business activity. I think this type of business would contravene the Compatibility and Suitability clauses of Section I, (numbers 1 and 5) of the Conditional Use portion of the Shoreland Management Ordinance (referenced below). The reasons are as follows: 1. There is very little room for parking and storage between the road and his building. This causes unsightliness for the adjacent neighbors and the neighbors that have to drive past the site. In fact, since he has already been doing business at this location for many years (without a CU permit), we have already seen this taking place. • Also, I think it’s possible that the existing structure is in violation of the setback requirement as it relates to the road right-of-way. 2. When doing marine repair business, on-water testing is going to be necessary. Mr. Jensen has an unpaved path down to the lake on this property that he has been using to launch watercraft. I think, given the steepness of the grade (unsure if its a bluff or not), that this path could present an erosion hazard. Thank you for taking the time to read this comment. If you have any questions please call me at 520.979.6629. Sincerely, Greg Lundeen RECEIVED APR 092007 land & RESOURCE Duane Hovland 31954 County Highway 115 Underwood, MN 56560-9267 April 4, 2007 Land and Resource Management Office Government Services Center 540 West Fir Fergus Falls, MN 56537 RE: Terry L. Jensen Sr. Conditional Use Permit Application Request 32002 320"^ St. Underwood, MN 56586 The service that Terry provides is very valuable to the residents of Pickerel Lake. His service of pickup of boats to repair and/or winterize and his delivery after completion of the repair results in his facility not having any boats stored in a lot awaiting repair or pickup by their owners. It also results in us not having to transport our equipment many miles for the needed service. Please authorize the Conditional Use Permit as he has requested. Sincerely,A Duane Hovland Pickerel Lake Resident cc Terry L. Jensen Sr. Lundeen 31780 Denwood Dr, Underwood, MN 56586 (218)495-2808 RECEIVED APR 0 9 2007 LAND & RESOURCE April 4, 2007 Planning Commission Otter Tail County 540 W. Fir Fergus Falls, MN 56537 To the Members of the Commission: Re: the application for Conditional Use Permit by Terry L. Jensen Sr. In my opinion, Mr. Jensen should not be allowed the Conditional Use Permit for the marine repair business activity. I think this type of business would contravene the Compatibility and Suitability clauses of Section I, (numbers 1 and 5) of the Conditional Use portion of the Shoreland Management Ordinance (referenced below). The reasons are as follows: 1. There is very little room for parking and storage between the road and his building. This causes unsightliness for the adjacent neighbors and the neighbors that have to drive past the site. In fact, since he has already been doing business at this location for many years (without a CU permit), we have already seen this taking place. • Also, I think it’s possible that the existing structure is in violation of the setback requirement as it relates to the road right-of-way. 2. When doing marine repair business, on-water testing is going to be necessary. Mr. Jensen has an unpaved path down to the lake on this property that he has been using to launch watercraft. I think, given the steepness of the grade (unsure if it’s a bluff or not), that this path could present an erosion hazard. Thank you for taking the time to read this comment. If you have any questions please call me at 520.979.6629. Sincerely, / Greg Lundeen t- Above-referenced section of Shoreland Management Ordinance: I. The Planning Commission shall consider a Conditional Use Permit if the proposed change is found to be consistent with the general purposes of this Ordinance and the intent of this and all other applicable state and local regulations and laWs. The Planning Commission shall first consider whether the area surrounding the proposed site is compatible with the intended use, taking into consideration the following: 1-' • j 1. Compatibility with the surrounding area; both on land and water. 2. Environmental-impact, including site evaluations based on soils, topography and vegetation. 3. Any hazards that may be created: both on land and water. 4. Density and location of developitient. 5. Suitability of the area for the proposed use. 1. If the use is found to be compatible with the area, the Planning Commission shall review the specific requirements of this Ordinance and consider the following factors: 6. Adequate parking and traffic control. 7. Amount of noise generated. 8. Hours of proposed use. 9. Lighting. 10. Adequate lot size for the proposed use. 11. Minimal change in the natural topography necessary to allow for the proposed use. 12. Any other possible adverse effects of the proposed Conditional Use Application and what additional requirements may be necessary to prevent such adverse effects. •4 Apr 05 07 10;32a P-2r Lundeen 31780 Denwood Dr, Underwood, MN 56586 (218)495-2808 RECEIVED APR 0 5 2007 LAND & RESOURCE April 4. 2007 Planning Commission Otter Tail County 540 W. Fir Fergus Falls, MN 56537 To the Members of the Commission: Re: the application for Conditional Use Permit by Terry L. Jensen Sr. In my opinion, Mr, Jensen should not be allowed the Conditional Use Permit for the marine repair business activity. I think this type of business would contravene the Compatibility and Suitability clauses of Section I, (numbers 1 and 5) of the Conditional Use portion of the Shoreland Management Ordinance (referenced below). The reasons are as follows: 1. There is very little room for parking and storage between the road and his building. This causes unsightliness for the adjacent neighbors and the neighbors that have to drive past the site. In fact, since he has already been doing business at this location for many years (without a CU permit), we have already seen this taking place. • Also, 1 think it's possible that the existing structure is in violation of the setback requirement as if relates to the road right-of-way. 2. When doing marine repair business, on-water testing is going to be necessary. Mr. Jensen has an unpaved path down to the lake on this property that he has been using to launch watercraft. I think, given the steepness of the grade (unsure if it’s a bluff or not), that this path could present an erosion hazard. Thank you for taking the time to read this comment. If you have any questions please call me at 520.979.6629. Sincerely, / Greg Lundeen Rpr 05 07 10:33a RECElVEd'^ APR 0 5 2007 LAND & RESOURCE Above-referenced sect/on of Shoreland Management Ordinance: I. The Planning Commission shall consider a Conditional Use Permit if the proposed change is found to be consistent with the general purposes of this Ordinance and the intent of this and all other applicable state and local regulations and laws. The Planning Commission shall first consider whether the area surrounding the proposed site is compatible with the intended use, taking into consideration the following: 1. Compatibility with the surrounding area; both on land and water. 2. Environmental impact, including site evaluations based on soils, topography and vegetation. 3. Any hazards that may be created; both on land and water. 4. Density and location of development. 5. Suitability of the area for the proposed use. 1. If the use is found to be compatible with the area, the Planning Commission shall review the specific requirements of this Ordinance and consider the following factors; 6. Adequate parking and traffic control. 7. Amount of noise generated. 8. Hours of proposed use. 9. Lighting. 10. Adequate lot size for the proposed use. 11. Minimal change in the natural topography necessary to allow for the proposed use. 12. Any other possible adverse effects of the proposed Conditional Use Application and what additional requirements may be necessary to prevent such adverse effects. Rpr 05. 07 10; 32a p. 1 Lundeen RECEIVED APR 052007 LAND & RESOURCE From: Greg LundeenDeniseTo: 218-998-8112 Pages: 3Fax: Phone: 520-979-6629Phone: 218-998-8095 Date: 4/5/2007Re: Jensen CU Permit • Thanks Denise. Per your conversation with my wife, Laurie, I’ll send the original in today's mail. j/, ^7 • • y<^yiyyr-->^~iy .d ^Z-ym ^ ’'~&^yy cUt' ~^Axyi^'/t^o^yyy\.j^---<^~^t^-yy A E- 7/^ A X 3^^sr) : 7>r c^L foi^ 5b^35 ^ , (f. 54 AE) S.,2^-/rfitr // <<3'yyrz&J RECEIVED APR 0 9 2007 LAND & RESOURCE SSL/sss'^ (A. ^ TZI:^ ^ OTTER TAIL COUNTY PLANNING COMMISSION NOTICE OF PUBLIC HEARING APPLICANT:Terry L. Jensen Sr. 32002 320'^ St. Underwood, MN 56586 HEARING DATE/LOCATION: April 11,2007 at 7:30 P.M. ** Commissioner's Room, Government Services Center West Fir Fergus Falls, MN 56537 CONDITIONAL USE PERMIT APPLICATION REQUEST (as stated by the Applicant): To run a Commercial Marine Repair Business by scheduled appointment, parking available; in my existing 1600 sq. ft. building built in 1987. I am not requesting any type of land or building modifications, they are to be utilized as they are. This would be a Marine repair business, working on boats on a one on one basis, pickup and repair, then deliver back to customer when completed. This would not be a walk in type retail business or dealership, it would be a call and make an appointment type business and strictly a repair facility. I am not interested in having a lot full of boats, that’s why I am recommending doing it on a one on one basis. I have been doing this type of work as a hobby and on a full and part time basis for 40 years and I continue to get more and more requests for maintenance and restoration type work. I feel that as I get older, I could concentrate more of my time on this kind of work as people request it. LAKE NAME/NUMBER/CLASS: Pickerel Lake (56-475), RD E-911 ADDRESS: NA (adjacent to 32002 320''St.) LEGAL DESCRIPTION: Pt GL 5 bg 1012’ S of NW cor ...(.36 AC), Section 11 of Maine Township ” Weather Conditions may change the Hearing date and time. If bad weather occurs, please listen to the local Fergus Falls Radio Stations or contact the Land & Resource Management Office, by 4:30 p.m., for possible rescheduling of the Hearing.___________ The above Applicant has made Application to the Otter Tail County Planning Commission for a Conditional Use Permit as per the requirements of the Shoreland Management Ordinance of Otter Tail County. Details of the Application are available for viewing at the Land & Resource Management Office, Government Services Center 540 West Fir, Fergus Falls, MN 56537. Any comments regarding this request may be expressed at the Hearing or mailed to the Land & Resource Management Office at the above address. INDIVIDUALS REQUIRING SPECIAL ACCOMMODATIONS SHOULD CONTACT THE LAND & RESOURCE MANAGEMENT OFFICE PRIOR TO THE HEARING. March 28. 2007Bert Olson Mailing DateChairman Planning Commission PROPOSAL APPROVAL ■i' '^'^1 • JZ-^i4~- ^7 «txif" simjv Sana PROPOSAL APPROVAL Your Signatures and Dates: P- I /t . .i‘* iL'l' >K*\\ ; 4^ f r 5 cp ‘ 4-V/^ ^(A^' 7m(o/ ^ i fc—-^—> ♦ .. ■ - P / ,•■. t- u// /2ek^ '-.i P- .f*^7 ^ y y * / ! ;! ii . -A . -U i •.,•1jr>:^ ' I;r 3'»i V* :i 1I i g?/' fel', U> 7-f ^-J2 -by ^-^-by y^-^-oy { i ! Your Signatures and Dates: // \ j A —o /Tc^La-./ Your Signatures and Dates:i 3 / v: ^ 7/...^ .‘Ki PROPOSAL APPROVAL 7 Your Signatures and Dates: -y V^7 / 5 ^Jsjo’7Yfr' fI - J i J-00 7 ion ^7/ P-/b/{P xour atgnamres ana uaies: / rnw-^mwwm 2^07 *3^ 2^00'T' AC„O')V £L ‘hi'/oyIj-eU'^ i c9 ^ 7H 33l51p IM 9JJi;LAjd "V o) 33>Cp'S’a 4J. PiCiC^etC CA<t. t>^.^^A»*oEL pfc//01/'J 1>£a4a4is l . <ooart 7f^ LAu/^jtCAfJyi^ 337/^ PmjImjJj P^Uju93M>(iJLj^7l/i£LUu^ ^ -/^ Your Signatures and Dates: 'Z ^ 7; PROPOSAL APPROVAL 7 Your Signatures and Dates: 3tUt WAIVER OF 60-DAY RULE THIS WAIVER MUST BE FILED AND SUBMITTED TO THE OFFICE OF LAND & RESOURCE MANAGEMENT BETWEEN OCTOBER 1^^ & MARCH 1^^ I understand that, due to snow cover, the Planning Commission Members and/or the Board of Adjustment Members may not be able to view my property/project (Tax Parcel described in my dated # -gaftco I |OQ Z’/tu/.cf 4?ApJ,'rM^'A^ApoWcation . As a result, it may not be possible for Otter Tail County to meet the legal requirement to take action within 60 days of the receipt of the completed Application(s). I understand that in the absence of a waiver of the 60-Day Requirement, the County may have no alternative but to deny my Application(s). Therefore, I hereby agree to waive the 60-day time limit in order to allow time for the Planning Commission Members and/or Board of Adjustment Members to view the property before taking action on my_Application(s). 1 OWNERDATED 11-02-04 Mbowman forms-apps waiver 60 day rule 01/24/07 From: Terry L. Jensen Sr. 32002 32tf\ St. Underwood, Mn. 56586 Tel. 218-495-2150 To: Ottertail County Land and Resource Management and the Ottertail County Planning Commision. This is a request to apply for a conditional use permit to run a Commercial Marine Repair Business on My Land parcel# R38000110073001 In My existing 1600 Sq. Ft Building that I built in 1987 on this property. I am not requesting any type of land or building modifications, they are to be utilized as they are. This would be a Marine repair business, working on boats on a one on one basis, pickup and repair, then deliver back to customer when completed. This would not be a walk in type retail business or dealership, it would be a call and make an appointment type business, and strictly a repair facility, I am not interested in in having a lot full of boats, thaVs why / am recommending doing it on a one on one basis. I have been doing this type of work as a hobby and on a full and part time basis for 40 years, and I continue to get more and more requests for maintenance and restoration type work. I feel that as I get older, I could concentrate more of my time on this kind of work as people request it. Sincerely: Terry L. Jensen Sr. T ^!^a^^lrhfeet.orj i ! [ ; rinchresyjequals" I ! jij jj9UM0.ApadQJd^ci-^eu6!s!H \:'rjx iir+ n H-,. ---------------------------------------- -vx'N': C ;;,rrr!:i ■;: r i'-rr'ih M . . _____■, r-44- I Scale: : '/ 0i8t79re-00tJ-l » ........ 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' . : -1 ' , -' 1 ;-^-1r : ;+l-H-(s)jaqujnN-|aaiBd-x44M-r-b-i p-+; • 4- x-fj ! -r f ' [^'■^■4MP-,.MlM._pTLMipHM-1M-T4-44n-:p4M“rp.:-M ,_.pnM4rp-p-ppT:M4H±pMP!-r M-; }PPr Hhl-rrHItiiI1 Page 1 of 1 RECEIVED ““JANT7W” LAND & RE5JOURCE Terry From: Marjean Hanson [mghansonfl@yahoo.com] Sent: Tuesday, January 16, 2007 7:15 PM To: Terry & Diane Reard Subject: Copy of letter Terry and Diane: Here is a copy of the letter that Terry J. sent to Steve Bertram, typed as is. We greatly appreciate any help you can offer. Thanks, Gordy 12/18/06 To vs^ho it may concern: This is a letter of approval supporting a commercial Marine Repair business operated by Terry L. Jensen Sr. on his present sight on 32002 320th St. Underwood, Mn. 56586, the N.W. end of Pickerel Lake in Maine township, Ottertail county Mn. In an existing site and building that I have owned since the mid 1980's. This would be a seasonal repair business, working on boats on a one by one basis, pickup and repair, then deliver back to customer when completed. This would not be a walk in type retail business or dealership, strictly a repair facility. I am not interested in having a lot full of boats, that's why I am recommending doing it on a one on one basis. I have been doing this type of work as a hobby and on a part time basis for 50 years, and I continue to get more requests for maintenance and restoration type work. I feel that as I get older, 1 could concentrate more of my time on this kind of work as people request it. Your support is appreciated Sincerely: Terry L. Jensen Sr TGel. 218-495-2150 Don't get soaked. Take a quick peak at the forecast with the Yahoo! Search weather shortcut. 1/17/2007